JUDGMENT - BHOLE, J.:---The petitioner-accused was prosecuted for an offence punishable under section 16(1)(a)(i) of the Prevention of Food Adulteration Act for having sold on 19-4-1973 Tur Dal, which was found to contain extraneous non-permitted coal viz. metanil yellow after the analysis. The accused is a grocer who sells food articles in Nanapeth, Pune. The Food Inspector wanted to purchase Tur Dal and therefore he went to the accuseds shop and purchased 600 grams of it for Rs. 1.44 P. The usual formalities were done by him and a sample of the Dal was also given in a sealed packet to the accused. The Food Inspector on the analysis that the Tur Dal contained extraneous non-permitted coal and after obtaining the necessary sanction prosecuted the accused in the Court of the Judicial Magistrate, Poona. The accused defended himself by explaining that he had purchased three packets of the Tur Dal from the shop of one Devichand under a warranty and therefore he is not responsible for adulteration.

2. The learned Magistrate who tried the accused accepted the version of the prosecution, disbelieved the defence and convicted and sentenced the accused to six months rigorous imprisonment and

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